Law No.25-14 and Restorative Justice

Abstract

The field of criminal justice plays a pivotal role in preserving the fundamental components of society, and the criminal judiciary constantly seeks to enforce punishment upon the accused perpetrator of a criminalized act. However, social and scientific evolution has led to an intellectual enlightenment, advocating for a restorative justice approach that is less severe than deterrent justice. This approach has been remarkably enshrined in the new Criminal Procedure Code, Law No. 25-14, which embraces a reformative trend more prominently than the repealed law.

The new law expands upon previously established mechanisms, such as criminal mediation, while introducing new, reformative judicial prosecution procedures. Concurrently, these measures alleviate the burden on the judiciary, thereby fostering a more efficient judicial environment. Ultimately, the legislative development of criminal justice profoundly serves the social dimension of the legal rule, as the Algerian legislator adopts novel methods in criminal prosecution and trial, applicable to both natural and legal persons.